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In Butler v. Sears, Roebuck and Co., 702 F.3d 359 (7th Cir. 2012) (Nos. 11-8029, 12-8030), the Seventh Circuit upheld the certification of class claims alleging defects in a washer/dryer. Although Sears sold many different models, the claimed defect involved a limited number of designs; the court found the defect question was common to the class and thus the class certification was appropriate. On June 3, 2013, the United States Supreme Court granted a writ of certiorari in the case, vacated the decision of the Seventh Circuit, and remanded the case for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). Sears Roebuck and Co. v. Butler, 81 U.S.L.W. 3500 (U.S. 2013) (No. 12-1067). In Comcast, the Supreme Court reversed the certification of a nationwide class and remanded for consideration of whether damages could be calculated in a manner that was common to the class.

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